Terms of Use

Elements Therapeutic Massage, LLC Terms of Use

Last Updated: April 27, 2017

Elements Therapeutic Massage, LLC (“Elements Massage” “we” “us” or “our”) operates this website (the “Site”) to provide online access to information about the Elements Massage® franchise system and the services, products, and opportunities it provides. By accessing and using this Site, you agree to each of the Terms of Use and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions (excluding any links to third party sites).

By continuing to access and use the Site, you are deemed to have understood and agreed to these Terms of Use. If you do not accept these Terms of Use, you may not use the Site.

Franchise System

Elements Therapeutic Massage, LLC is the owner of and operates the Elements Massage® franchise system in which Elements Massage® franchise studios are each independently owned and operated by Elements Massage® franchise owners. Elements Therapeutic Massage, LLC does not have any agency, partnership, employment, or joint venture relationship with any Elements Massage® franchise owners.

Changes

Elements Massage reserves the right, in its sole discretion, to revise these Terms of Use at any time and correct any errors or omissions in any portion of the Site and Materials (as such term is defined below). Such changes shall be effective upon publication on the Site. Materials may also be changed, modified, added, or removed or updated without notice at any time; however, Elements Massage is under no obligation to update Materials. Elements Massage may also make changes in the services, products, programs or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Elements Massage makes to the Site will be considered acceptance of those changes.

Elements Massage further reserves the right to suspend the operation of this Site for support or maintenance work, in order to update the Materials and any other content, or for any other reason.

You should revisit these Terms of Use from time to time to review the then-current Terms of Use because they are binding on you.

You shall use the Site for lawful purposes only.

You shall not post or transmit through the Site any information or material that violates or infringes in any way the rights of others, or that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.

You shall not post or transmit through the Site any information or material that encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines.

You shall not post or transmit through the Site any information or material that is in violation of these Terms of Use or, without Elements Massage’s prior written approval, contains advertising or any solicitation with respect to products or services.

Any conduct by you that, in Elements Massage’s opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.

The Site contains information and material, including, but not limited to, text, software, photos, video, graphics and audio (collectively "Materials"), which are derived in whole or in part from information and materials supplied by Elements Massage and other sources, and are protected by international copyright, trademark and other laws. Except as otherwise noted, Elements Massage owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content.

Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software).

You acknowledge that you do not acquire any license, ownership or other rights to the Materials by using the Site.

Modification of the Materials or use of the Materials for any other purpose is a violation of Elements Massage’s or such other sources' copyright, trademark and other proprietary rights and may violate other laws.

The use of any such Materials on any other web site or networked computer or environment is prohibited without Elements Massage’s express written consent. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates.

For the avoidance of doubt, Elements Massage reserves the right to terminate access to this Site at any time and without notice.

Disclaimer; Limitation of Liability

The site and materials and related communications are provided “as is” without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Under these circumstances, all other exclusions remain in force.

ELEMENTS MASSAGE does not warrant the accuracy, reliability or completeness of any information contained on this Site, nor does it warrant or represent that any information may be suitable for use in any circumstance or application. By using this Site you acknowledge that any reliance on any such materials, advice, statement or information shall be at your sole risk.

Elements Massage assumes no responsibility, and shall not be liable, for any damages of any nature caused by the use of this Site. This express disclaimer includes damages caused by viruses, worms, trojans or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to, use of, or browsing on this Site.

Elements Massage may provide, as a convenience to you, links to web sites operated by other entities and persons, but makes no representations whatsoever about any other web site you may access through this one. Any link to a non-Elements Massage web site does not mean that Elements Massage endorses or accepts any responsibility for the content or use of such web site.

If you use web sites that are linked to this Site, you do so at your own risk and responsibility. Elements Massage makes no warranty or representation regarding, and does not sponsor or endorse, any linked web sites or the information or materials appearing thereon or any of the products and/or services described thereon. Furthermore, linking to sites operated by other entities and persons does not imply that (1) Elements Massage is affiliated or associated with those entities or persons, or (2) any linked site is authorized to use any trademark, trade name, logo, or copyright of Elements Massage.

Third Party Content

Any opinions, statements, services, offers or other information or content expressed or made available on the Site by any third party are those of the respective author(s) or distributor(s) and not of Elements Massage.

Limitation of Liability

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.

Under no circumstances will Elements Massage, its parents, subsidiaries, affiliates, its suppliers or other third parties mentioned on the Site or involved in creating, producing, or delivering the Site, be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use, or the results of use of the Site any web sites linked to the Site, or any materials contained at any or all such Sites (including but not limited to those caused by, or resulting from, a failure of performance, error, omission, linking to other web sites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and whether or not Elements Massage was advised of the possibility of such damages.

Elements Massage shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party, including any Elements Massage® franchise owners. Elements Massage® franchise studios are each independently owned and operated.

Safe Harbor

The Materials at the Site may contain various forward-looking statements that may be based on or include assumptions concerning Elements Massage’s operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties. In connection with the "safe harbor" provisions of the United States' Private Securities Litigation Reform Act of 1995, Elements Massage provides the following cautionary statement identifying important economic, political and technology factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions. Such factors include the following:

changes in the current and future business environment, including interest rates and capital and consumer spending;

the successfulness of the development and market introduction of anticipated services and/or products; and

changes in government laws and regulations

Information Provided By You

It has been and remains Elements Massage’s policy not to accept or consider ideas, suggestions or materials other than those that Elements Massage has specifically requested from you. Accordingly, Elements Massage does not want you to, and you should not, send any confidential or proprietary information to Elements Massage through the Site unless specifically requested by Elements Massage. Please note that any unsolicited information or material sent to Elements Massage will be deemed not to be confidential or proprietary and you hereby waive any moral rights therein in favor of Elements Massage.

By submitting information and material to the Site, you automatically grant to Elements Massage (or warrant that the owner of such information and material has expressly granted to Elements Massage) a royalty-free, perpetual, irrevocable, unrestricted right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Elements Massage is free to use any ideas, concepts, know-how, or techniques that you send Elements Massage for any purpose.

As further provided above, Elements Massage does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.

You shall not upload, post, or otherwise make available on the Site, any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Linking to Site

If you wish to provide a hypertext or other link to this Site, please e-mail us with details of the URL(s) from which are you proposing to link to this Site and the URL(s) on this Site which you are seeking to link. Elements Massage may grant or deny your request at its sole discretion.

International Users

The Site is owned and operated by Elements Massage from its offices in the United States. Materials published at the Site may refer to products, programs, or services at Elements Massage® franchise studios that are not available in your country. Furthermore, Elements Massage makes no representation that the Materials at the Site are appropriate or available for use from locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.

You may not use the Site or export information and Materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

Governing Law

These Terms of Use shall be governed by the laws of the State of Colorado, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use constitute the entire agreement between Elements Massage and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.

The Elements Promise™ is not transferable and may not be redeemed for cash, bartered or sold. Void where prohibited or otherwise restricted by law. Substitute massage session equal in value and duration to original massage session; gratuity not included. Substitute massage session cannot be combined with any other offer. Other restrictions may apply; see individual studios for details.